Wed, Jan 16, 2019 page1

• Death sentence heightens Canada-China tensions

  ‘HOSTAGE POLITICS’: The timing and swiftness of the sentencing of Canadian Robert Lloyd Schellenberg, and the inclusion of new evidence, have raised suspicions worldwide

  • AFP, BEIJING
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  China yesterday vociferously defended a court’s decision to impose the death penalty on a convicted Canadian drug smuggler, escalating a diplomatic row that experts say has descended into a high-stakes game of “hostage politics.”

  The Chinese Ministry of Foreign Affairs blasted Canadian Prime Minister Justin Trudeau’s “irresponsible remarks” after he criticized the death sentence imposed on 36-year-old Robert Lloyd Schellenberg.

  Beijing and Ottawa have been squabbling since last month, when Canada arrested Huawei Technologies Co (華為) chief financial officer Meng Wanzhou (孟晚舟) on a US extradition request related to possible breaches of Iran sanctions.

  

  A video still image shows Canadian Robert Lloyd Schellenberg in court in Dalian, China, on Monday.

  Photo: Reuters

  In a move that observers see as retaliatory, Chinese authorities detained two Canadian citizens — former diplomat Michael Kovrig and business consultant Michael Spavor — on suspicion of endangering national security.

  Then authorities revisited the little-known case of Schellenberg, who was sentenced to 15 years in prison in November for drug offences. A month later, an upper court took up his appeal and ordered a hasty retrial in the northeastern city of Dalian after ruling that the punishment was too lenient.

  The timing and swiftness of Schellenberg’s sentence, and the inclusion of new evidence presenting him as a key player in a plan to ship 222kg of methamphetamine to Australia, has raised suspicion among observers.

  “Playing hostage politics, China rushes the retrial of a Canadian suspect and sentences him to death in a fairly transparent attempt to pressure Canada,” Human Rights Watch executive director Kenneth Roth tweeted.

  Donald Clarke, a George Washington University professor specializing in Chinese law, coined an even grimmer term for the situation: “death threat diplomacy.”

  “The Chinese government is not even trying to pretend that there was a fair trial here,” he said.

  Trudeau expressed “extreme concern” that China had “chosen to arbitrarily” apply the death penalty, but Chinese Ministry of Foreign Affairs spokeswoman Hua Chunying (華春瑩) denied that Beijing had politicized Schellenberg’s case, calling on Canada to “respect China’s judicial sovereignty ... and stop making such irresponsible remarks.”

  Ottawa had issued a new travel advisory urging citizens to “exercise a high degree of caution in China due to the risk of arbitrary enforcement of local laws.” Beijing issued a similar response hours later, calling on Chinese citizens to “travel cautiously” after a Chinese citizen was “arbitrarily detained on the basis of a request of a third-party country,” an apparent reference to Meng’s arrest.

  The court in Liaoning yesterday said its actions were “in compliance with the provisions of the Criminal Procedure Law,” the official Legal Daily reported.

  China executes one or two foreigners every year — nearly all for drug offences, according to John Kamm, director of the US-based Dui Hua Foundation rights group.

  Experts said retrials are rare in China, especially ones calling for a harsher sentence, but rights groups said that courts are not independent and can be influenced by the Chinese Communist Party.

  “What’s unusual is how this case shifted from extremely slow handling to suddenly rapid fire movement,” Seton Hall University law professor Margaret Lewis said.

  The rare decision to allow three foreign journalists to attend the hearing makes it “clear that the Chinese government wants [the] international spotlight on this case,” she added.

  “The timing is suspect and certainly his nationality makes it all the more glaring,” she said.
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